Aim Gun At Trespasser? No, Darien Chief Says

DARIEN, IL – One of the most controversial aspects of the state's new crime law is the part about trespassing.

The issue came up during Monday's Darien City Council meeting. An alderman asked whether he could threaten a trespasser with a gun.

Starting Jan. 1, trespassing will no longer be a crime in which police can arrest people. Violators can only be ticketed.

This has many fearing trespassers will simply commit the same violation repeatedly.

Police Chief Greg Thomas told the council that a legislator, whom he did not name, indicated that police can take trespassing suspects into custody after Jan. 1.

But he said he cannot find that power in the new law.

"That's a question that needs to be answered to make a decision whether criminal trespassing can be custodial and being able to remove someone from somebody's property," the chief said.

"As a resident, can I go out and chase that person off my property?" Alderman Eric Gustafson asked.

"Nope," Thomas responded. "You can use force to defend yourself. You can't use force to defend your property. Obviously, you can ask him to leave."

"And point a gun at his head, and maybe that will get him to leave," Gustafson said.

Thomas replied, "Then you would be committing aggravated assault, so I would not do that."